Understanding the Independent Act Doctrine

Not many people may be aware that in the state of Florida, co-defendants are nearly as much at risk of being arrested, charged, or convicted for whatever actions taken by their cohorts.  This applies even if the co-defendant did not commit the crime but did have knowledge of the elements of the criminal enterprise.  What […]

Florida’s strict DUI protocols leave much to interpretation

Major changes in litigation, along with adjustments in the handling of driving under the influence convictions has made Florida one of the toughest states on DUI cases. It is one of the only charges where adjudication cannot be withheld, a legal maneuver that is often seen as a reasonable resolution to criminal offenses, including drug […]

For Many Judges and Prosecutors, Right and Wrong Don’t Matter

This may sound like a bold assertion – specially to the millions of Americans conditioned by entertainment media to believe prosecutors and judges are always “the good guys” – but to seasoned legal experts, it is hardly audacious. The simple fact is that those who make up our judicial and law enforcement system are no […]

A Defense Lawyer Offers a Lesson on Prosecutor Fallibility

The following incident took place in 1994, yet it offers salient lessons on why criminal defendants need protection in – if not from – the U.S. legal system. Its continued relevance says a lot about what defendants often face in trials. In DuPage County Circuit Court in Illinois, a case’s sole witness – a police […]

Marijuana Possession Becomes Decriminalized in Miami-DadeCounty

As a reflection of the growing public acceptance of marijuana legalization, the most populous county in Florida has recently passed a new ordinance that takes a major step towards that end. Miami-Dade County now gives police officers the discretion to give a civil citation – normally a $100 fine or two days of community service […]

Famous Sex-on-Beach Case Raises Questions About Sex Offender Registry

No one would deny that sex-related crimes should be prosecuted to the fullest extent of the law. But as with so many other necessary and well-intentioned public laws, the net is being cast too wide, ensnaring the wrong people rather than more dangerous offenders. This was made painfully clear by the recent sentencing of two […]

New Florida Prostitution Law Rife With Problems

Any decent person would agree that combating human trafficking is a great thing. So when the Florida Legislature’s “Anti Human Trafficking” bill becomes law this October, it should be a cause for celebration. But far from promoting the admirable goal of reducing human trafficking, the law increases the penalties of prostitution, and in a manner […]

Addressing the Problem of Witness Intimidation

Witness testimony plays a pivotal role in criminal trials, so it is little wonder why those with a vested interest in the outcome go to great lengths to sway witnesses to act in their favor. Witnesses not only face threats and coercion by criminals, but more often than not must contend with such heinous behavior […]

Bauer Brofsky Will Protect Your Rights Against State Overreach

Television and film frequently portray state prosecutors as heroic and incorruptible figures dedicated to truth, justice, and the law. But not all investigators and prosecutors live up to this widespread and culturally accepted narrative: in fact, far too often, assistant state attorneys engage in outright abusive behavior towards the victims and witnesses they are alleged […]